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HomeMy WebLinkAbout12-08-09 Board of Adjustment Minutes BOARD OF ADJUSTMENT TUESDAY, DECEMBER 8, 2009 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Pomnichowski called the meeting of the Board of Adjustment to order at 6:00 p.m. in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and directed the secretary to record the attendance. Members Present Staff Present Ed Sypinski Doug Riley, Associate Planner Dan Curtis Tara Hastie, Recording Secretary Ed Ugorowski Tim Cooper, City Attorney Richard Lee JP Pomnichowski Members Absent Visitors Present Cole Robertson Glen Stark Patricia Jamison Kathy Stark ITEM 2. MINUTES OF NOVEMBER 10, 2009 MOTION: Mr. Curtis moved, Vice Chairperson Sypinski seconded, to approve the minutes of November 10, 2009 as presented. The motion carried 5-0. Those voting aye being Chairperson Pomnichowski, Mr. Lee, Mr. Curtis, Vice Chairperson Sypinski, and Mr. Ugorowski; those voting nay being none. ITEM 3.PUBLIC COMMENT – (15 – 20 minutes) {Limited to any public matter, within the jurisdiction of the Board Of Adjustment, not on this agenda. Three-minute time limit per speaker.} There was no public comment forthcoming. ITEM 4. PROJECT REVIEW 1. Starky’s Restaurant Cabaret License CUP #Z-09211 (Riley) 24 & 32 North Tracy Avenue * A Conditional Use Permit Application to allow the on-premise consumption of beer and wine. Associate Planner Doug Riley presented the Staff Report noting the application was to propose placement of a cabaret license in suites 1 & 2 of the Mendenhall Marketplace Condos in the Bridger Park downtown parking structure. He noted the applicants had previously held a CUP for a cabaret license in their previous location which had been destroyed in the March 2009 explosion. He directed the Board to the floor plan and noted the tenant improvements had 1 Board of Adjustment Minutes – December 8, 2009 already begun. He stated there would be some approved outdoor seating with fencing that would not go into the right of way or traveled (pedestrian) portion of Tracy Avenue. He stated no public comment had been received for the proposal and Staff was supportive of the project as presented. Chairperson Pomnichowski asked about the width of the sidewalk outside of the fencing proposed for the outdoor seating area. Planner Riley responded he had brought the file for the approval of the outdoor seating as well as other tenant improvements and noted he would need to look up the distance in the previous approval. Chairperson Pomnichowski stated the first instance of a gas line break was at the parking garage and asked Planner Riley if he had contacted Northwestern Energy to see if any issues had arisen. Planner Riley responded there was no requirement to contact Northwestern Energy on this particular application so he had not and suggested the applicant/owner could possibly answer that question. Vice Chairperson Sypinski asked Attorney Cooper to clarify why the applicant needed to go through the CUP review process again. Attorney Cooper responded that their original CUP was tied to the previous property and the new application was to provide a CUP for the new location. Glen Stark addressed the BOA. He stated he had no presentation and noted that everyone likely knew about their previous location. He stated they had changed their name to “Starky’s” and would continue lunch counter services as well as having full wait staff for dinner. He stated the facility would not look the same as the old space, but attention had been given to the design to provide a warm and inviting feel. He stated the exterior additions would look cohesive to what existed on the site. He stated they couldn’t wait to get back into business and thanked the BOA for their consideration. Vice Chairperson Sypinski clarified that the business wouldn’t be painted blue. Mr. Stark responded the exterior would not be painted blue and reiterated that the materials and colors would match the existing structure; there would be moderate awnings included and an outdoor seating area with a qualifying gate along the exterior of the property to meet the State requirements of the liquor license. Chairperson Pomnichowski asked if the applicant knew the distance between the fencing and the sidewalk. Mr. Stark responded the distance met code and the fencing would go directly in the center of the color change that depicted the property line. Chairperson Pomnichowski stated the proposal must conform to ingress and egress requirements and asked if a sidewalk would be blocked that was supposed to be for foot transit. Mr. Stark noted the location of the color change depicting the lot boundary in a photograph. Planner Riley added that the City Engineering Department had previously confirmed that the fencing would be outside of the right of way, met code requirements, and would not impede the sidewalk. Chairperson Pomnichowski asked the location of the loading area. Mr. Stark noted the location of the loading area and added that the area would be kept clear and clean; he added hose bibs would be included on the building to provide for ease in cleaning. Chairperson Pomnichowski asked Mr. Stark if he had discussed the safety of the gas lines to the site with Northwestern 2 Board of Adjustment Minutes – December 8, 2009 Energy. Mr. Stark responded he had not spoken with Northwestern Energy, but he knew the lines on the site had been completely replaced and newest high-tech infrastructure had been installed. Chairperson Pomnichowski opened the item for public comment. Seeing none, the public comment portion of the meeting was closed. Vice Chairperson Sypinski commended the owners on their fortitude in attempting to reopen their establishment. Chairperson Pomnichowski asked if the applicant was amenable to Staff conditions as outlined in the Staff Report. Mr. Stark responded he was aware of the conditions and was amenable. Chairperson Pomnichowski voiced her sympathy for the explosion and stated their presence downtown was missed and she was pleased to see the application. Mr. Lee stated he believed the business would thrive in the new location and wished the applicant/owner good luck. Chairperson Pomnichowski stated she concurred with Staff findings as outlined in the Staff Report and was supportive of the project as proposed. MOTION : Mr. Curtis moved, Vice Chairperson Sypinski seconded, to approve Starky’s Restaurant Cabaret License CUP #Z-09211 with Staff conditions. The motion carried 5-0. Those voting aye being Chairperson Pomnichowski, Mr. Lee, Mr. Curtis, Vice Chairperson Sypinski, and Mr. Ugorowski; those voting nay being none. ITEM 5. Briefing by City Attorney (As necessary.) City Attorney Cooper stated he had been asked to present information at the Planning Staff Annual Retreat and asked the Board if they would be interested in an update. Chairperson Pomnichowski suggested the item be included on the January BOA agenda. Recording Secretary Hastie responded that the item would be included on the January agenda. ITEM 6. Briefing by Planning Staff (As necessary.) There were no items forthcoming. ITEM 7. NEW BUSINESS There were no items forthcoming. ITEM 8. F.Y.I. Chairperson Pomnichowski stated there were three terms expiring for the BOA and encouraged members to reapply. Mr. Ugorowski responded he had requested expiration of his term with 3 Board of Adjustment Minutes – December 8, 2009 Mr. Curtis’ term being extended to a third year instead of expiring after two years. Chairperson Pomnichowski suggested Mr. Ugorowski should recruit for the position he was leaving. Mr. Lee added that the online application did not work via e-mail and suggested scanning the document and then e-mailing it to the Clerk of Commission. Vice Chairperson Sypinski suggested dropping off the application hard copy. Chairperson Pomnichowski asked when the Planning Director would be retiring. Recording Secretary Hastie responded his retirement date was December 31, 2009 and she would let the Board members know the date of his going away party. ITEM 9.ADJOURNMENT There being no further business before the BOA, the meeting was adjourned at 6:31 p.m. ______________________________ JP Pomnichowski, Chairperson City of Bozeman Board of Adjustment 4 Board of Adjustment Minutes – December 8, 2009